(영문) 의정부지방법원고양지원 2015.06.19 2014가단23174

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(영문) 의정부지방법원고양지원 2015.06.19 2014가단23174

유체동산인도

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1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Nonparty C, at around 2006, purchased machinery in KRW 75,000,00 from the Plaintiff engaging in the business of manufacturing and selling the machinery with the trade name “D”, but did not pay some of the price, Nonparty C, who entered into a contract for the purchase and lease of machinery, agreed to acquire ownership of the said machinery when leasing the said machinery and paying all the price of the machinery.

Accordingly, on November 17, 2006, the Plaintiff and C concluded a mechanical lease agreement with the purport that the price of the instant automatic earthing machines shall be KRW 75,00,000,000 shall be paid until November 30, 2008, and that the machinery shall be leased until the price is paid in full, and that the ownership of the said machinery shall be the Plaintiff, and C shall claim the fact that it is the Plaintiff’s property when seeking to execute attachment, provisional attachment, etc. on the said machines.

In addition, around July 1, 201, C transferred the instant machine to the Plaintiff, instead of paying other debts to the Plaintiff, and decided to lease the said machine until the Plaintiff pays KRW 40,000,000 for the said machine’s money. On November 17, 2006, C made an additional entry of the instant machine in the lease agreement prepared with respect to the instant automatic earth’s equipment on November 17, 2006.

On the other hand, C paid KRW 43,300,000 out of the total amount of 115,000,000 for each of the machinery of this case, and has not yet paid KRW 71,700,000.

B. Meanwhile, on October 12, 2009, C prepared a notarial deed of a monetary loan agreement for transfer security to the effect that each of the instant machines provides the machinery including each of the instant machines as security for transfer in order to secure a loan obligation of KRW 600,000,000 against the Defendant, and provided each of the instant machines as security for transfer.

Since then, the defendant.

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